Employer CCPA FAQs #5: Does an employer have to be “established” in the United States for U.S. data privacy and security laws, and particularly the CCPA, to apply?
May 2, 2019
Authored by: Sarah Bhagwandin, Steve Evans and David Zetoony
As our series of FAQs regarding the California Consumer Privacy Act (“CCPA”) continues we are examining the scope of the law’s jurisdiction. These FAQs should help employers determine if they are required to comply with the CCPA and if so, what steps their HR professionals and IT departments should take to be in compliance.
As a reminder, the CCPA is a new privacy law that applies to data collected about California-based employees. The CCPA will go into effect in early 2020, and employers who must comply should be addressing compliance obligations now.
For US employers who have not had to comply with the GDPR, the requirements of the CCPA will likely require a new analysis of the treatment of employee-data and implementation of updated or new data policies. For employers with European operations, one key area of interest is the degree to which the CCPA aligns with the European General Data Protection Regulation (“GDPR”). Employers in compliance with the GDPR will likely already be familiar with many of the requirements of the CCPA – and with some assistance, should be able to bring their operations and policies into compliance with respect to California-based employees.
BCLP offers a complete compliance program to employers that includes a formal gap assessment as well as policies, procedures, and protocols to close identified gaps. If you or your organization would like information on this compliance program or any other issue, please contact us or one of your other trusted BCLP attorneys.
Question #5: Does an employer